Online Services Terms and Conditions
Effective February 25, 2022
The following ONLINE SERVICES TERMS AND CONDITIONS ("Terms and Conditions") provide the terms and conditions that govern your use of the website(s) ("Online Services") that Valon Mortgage, Inc. ("Valon") offers. You are also consenting to receive communications, disclosures, and notifications in electronic form (by email or the internet) as set out in the below Electronic Communications Disclosure and Consent Agreement. Please read these Terms of Use carefully.
These Terms and Conditions are in addition to any other terms and conditions that might apply to accounts you have with Valon or any other services or information Valon provides. Please read these Terms and Conditions carefully. Within these Terms and Conditions, "you" or "your" refers to you or any other person you permit to use Online Services on your behalf. "We" or "our" or “us” refers to Valon or any contractor, affiliate, agent, or designee of Valon.
By accessing or using any of the information, functions, or materials available on Online Services, you agree to and understand the following Terms and Conditions. Valon, in its sole discretion, can change or add to the Online Services or these Terms and Conditions by posting updated Terms and Conditions on the Online Services or providing written notice to you by email or U.S. Mail. You agree that you will be bound by any changes or additions thatValon makes to Online Services or these Terms and Conditions. You also agree that you are responsible for reviewing these Terms and Conditions regularly and that, by continuing to use Online Services (including registering for an online account), you accept any changes or additions to Online Services or these Terms and Conditions. The Online Services are intended for individuals who are at least 13 years of age. If you are under the age of 13 years, you should not be using Online Services.
Valon intends for the information, materials, and functions on Online Services to be as current and accurate as reasonably possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, materials, or functions available through Online Services. Any calculations, functions, or tools available on Online Services are intended only to provide estimates, which might differ from actual amounts that are applicable to you or your account.
Online Registration
You can register for an account at Online Services to, among other things, help us tailor our services to your personal needs and alert you to other products and services. By registering, you agree to provide accurate, true, current, and complete information, and to be bound by these Terms and Conditions. A profile for you may be created based on the information that you provide at registration. This profile, and any registration information you provide, will be protected as described in our Privacy Policy, which can be found on our website at https://valon.com.
Security of Transmissions
There may be security, transmission, or other risks associated with using the Internet and Online Services. You assume these risks. It is your responsibility to obtain all software, hardware, or other equipment needed to use Online Services. Note that Valon’s site may contain encryption methods that all browsers do not support. If you are not using a browser that supports 128-bit encryption, you might be unable to view all of the information and materials contained on our site.
Disclaimer
ONLINE SERVICES ARE OFFERED ON AN AS-IS, WHERE IS AND WHERE AVAILABLE BASIS, WITH NO WARRANTY OF ANY KIND – WHETHER EXPRESS, IMPLIED, OR STATUTORY – INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER VALON, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONLINE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ONLINE SERVICES. VALON DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)
Damages
EXCEPT AS PROVIDED SPECIFICALLY IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT VALON IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY (WHETHER CAUSED BY ACCESS TO OR USE OF ONLINE SERVICES). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VALON WILL NOT BE RESPONSIBLE TO YOU, OR ANY THIRD-PARTY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE USE OF ONLINE SERVICES, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES.
Copyrights, Trademarks, and Restrictions on Use
All the pages, screens, and similar items on Online Services are owned and controlled by Valon unless expressly stated otherwise, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on Online Services are owned by Valon or its affiliates and include, but are not limited to, the source code, software, text, images, graphics, design, and other content on Online Services. You may view the information available on Online Services only for your informational purposes. You acknowledge that by downloading copyrighted material you do not acquire any ownership rights in the material. Valon is a federally registered trademark owned by Valon. Moreover, other featured words used on Online Services to identify the source of goods and services are trademarks and service marks owned by Valon or third parties.
Legal Limitations on Use
You are responsible for respecting and adhering to all laws applicable to your use of Online Services. Users shall not transmit any material or information to Online Services that is false, libelous, defamatory, obscene, profane, solicitous, that infringes on any copyright or other proprietary rights of any other person or entity, or that otherwise could result in civil or criminal liability under the law. Any attempted violation of law could result in litigation against the offender by Valon or a proper authority.Valon will comply fully with applicable authorities to provide any information necessary for the investigation and/or litigation process.
Third-Party Websites
Online Services may contain links to websites offered or controlled by third parties (non-affiliates of Valon). Valon disclaims liability for any third party’s website content, products, privacy policies, or security. Your use of any linked site, including payment for and the delivery of goods or services, is based solely on the agreement between you and the third-party provider. If you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use that apply to that site. Any opinions, advice, or recommendations provided by the third-party providers are those of the providers, not of Valon.
Choice of Law
Your access to and use of Online Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of laws thereof, and the laws of the United States. You agree that any action at law or in equity arising out of your use of Online Services or relating to these Terms and Conditions may be filed only in the state or federal courts located in New York.
Indemnification
You agree to defend, indemnify, and hold harmless Valon, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms and Conditions or misuse of Online Services, including violations or misuses conducted by your employee or agent, if applicable.
Miscellaneous
No waiver by Valon of any right, term, or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at any time.
If a court of competent jurisdiction decides that any portion of these Terms and Conditions is unenforceable, that portion will be modified by the court solely to the extent necessary to make that portion enforceable; and, these Terms and Conditions, as modified, will remain in full effect.
